high stakes as it gets n it there is a separation agreement and a confidentiality agreement for two years, signed by mark herd. mark heard was hp's former ceo for five years. and eric goldman is a law professor and director of the high tech law insite yut. >> they're concerned about the competitive threat he poses and in particular about the ways in which he might be able to help sun micro systems part of ora cell compete with hewlett-packard. >> hp's lawsuit claims an executive job with oracle would violate heard's separation agreement saying heard will be in a situation where he cannot perform his duty was out using and disclosing ah possess trade saek seek krets and confidential information to others.

chuck housework forward hp 30 years wrote the book published last year called "hp phenomenon". he says larry ellison knew, and didn't care. >> i think he knows full well what he's doing there. is no question that he knew this would ring the bofrl hp board, and hp executives suite. >> today ora cell sounded offended calling the lawsuit vindictive, and said the hp board is making it vir wallly impossible for ora cell and hp to continue to cooperate to work together in the it marketplace. despite heard's signature on confidentiality agreements legal an alift sthaiz is not a slam dunk for hp. >> california courts are reluctant to restrict employee mobility. it's not clear to me courts goring to agree with the assessment situation. >> now ora cell may ab announcement yesterday mark

heard was joining the company. the market was closed. today, investors were able to react and liked the news that mark heard is ob joining oracle. ora cell shares up more than $1.30 and larry el yi son's net worth jumped $1.7 billion. in palo alto abc 7 news. >> thank you. and 70 fremont police officers packed an oakland courtroom in support of a fellow officer shot in the line of duty. nearly half of the fremont police department showed up for the first court appearance of the suspected gang member. almost all officers were there on their own time. he is accused shoofting officer todd young. >> i don't consider it a show of force. i consider it solidarity. officers are heap to support todd and his family. >> whether this turns out intentional shooting of a police officer or a tragic misunderstanding on the streets of oakland remains to be seen.

>> he postponed entering a plea and will be back in court to face 10 felony counts including atempted murder. officer young is in intensive care and faces two to three additional surgeries over next two weeks. the red cross is holding a blood drive tomorrow in young's honor. >> still no luck finding a missing man who may be the fifth victim of an east bay murder spree for a fifth day search crews have been sifting through garbage on a one acre section of the keller canyon lind fill looking for body of frederick salas. they quit looking for the day. it may take another day or so. he has been missing more than a week and may be the victim of a man who apparently killed his father girlfriend and two vallejo women before being shot to death by patrol after a chase one week ago tonight. >> battle over a gun shop is really heating up in san francisco. it's not your average standoff

over rights and the second amendment. abc 7 found out the onlyer is reluctant to open the store. >> andy is perplexed. the city says he can't set up an office for wholesale gun business unless he reopens the gun shop. that is because the planning commission says his building is zoned only for retail. >> i export, deport. >> he closed san francisco's only gun shop last year after more than 50 years here in the same location in the mission. and reluctantly he's applied for a permit to open it again so he can legally here in the back room. now he faces a fight he doesn't want to take on. >> this is about the he

station says that is what e mails are telling him. the northwest bruno alliance opposes the permit. >> we'd like to see something in this store front supporting a neighborhood like... dry cleaners. a coffee shop. those types of things. >> others object because they say a gun store brings in the wrong element. >> this doesn't make sense. >> david finch rungs a coffee shop across the street oo. this brings police to the department. it's a main shoppers, police. how is that hurting and causing more crime to be here? >> the captain says he supports a gun shop's permit. but fonl it has good security systems. store manager says no problem. >> making sure we do not get ammunition or firearms into the wrong hands. >> we'll know home toem whose got more firepower it's a

showdown in the planning commission. >> san francisco supervisor's meeting was supposed to was supposed to vote on a development project. the clerk's office. >> this is regular business be published 36 hours in advanced was not met. the board meeting for today cancelled. >> the clerk's office says e mail to the paper did not go through, and someone dropped the ball by not to thing up. >> and state wildlife officials banned fishing along a stretch of the petta lum yoo river yesterday. an old tug boat being chopped up when it leaked 200 to 600 gallons of oil. so far no sickened wildlife turned up but fish and game

closed the area to fishing just as a precaution. crews are still working on draining the tug of remaining oil. >> we do advise boaters if they're in the area to avoid the boom. if they happen to approach it wakes can disturb it. it's in place to protect the environment. >> and anyone who has a boat damaged by this spill is eligible to file a claim with u.s. coast guard. >> you know not that longing aqlo bay shore line littered with remnants of a once thriving salt business replacing natural mash lands with salt producing ponds and pollution that has come with them tlchl has been much progress to retain that precious resource. >> today is a feast rather than a fight. >> after seven years of fighting senator diane finestein says the completion of the first phase profit jekt is a milestone in preserving

health of the bay. >> i have come to really believe that this bay is a destiny of the san francisco bay area. to return this bay, to the wetlands that had existed is imperative. >> this is imperative to restore this bath to its original state. thousands of shore birds are expected to be nesting here in the fall. >> first two cells have 30 nesting islands managed for shallow water forging habitat. the third cell will remain dry in the summer. >> the 237 acre site opened today in restoration pond sf two, located on south edge of the bridge part of the 16,000 acres state bought in 2003. >> this was a collaborative

effort between government and private interests. >> we see this around the country that healthy natural resources are important for healthy economy. >> millions of people are dependent upon this not just for recreation and intang jibl acontribute united states but things like improving water quality through capture of storm water. >> by the end of the year another 4000 acres extending north will be restored. area today also includes walking trails and overlooks. perfect viewing for what will be flying in. leigh glaser abc 7 news. >> still ahead do you ever notice how noisy it can be on bart? coming up tonight a new sound survey questioning whether riding a train can be hazardous to health. >> another home goes up in flames. we're going to bring you up po speed on wildfires burning out

of control there tonight. >> in sacramento the state budget now more than two months late. the governor is leaving this week for a trade mission to asiana. critics say he should stay here. >> and later on how some tiny patients have been left behind in the race for a new mededededededededededededededededededededededededededededededededededededededededededededededededededededededededededededededededededededededededededededededededededededededededededededededededededededededededededededededededededededededededededededededededededededededededededededededededededededededededededededededededededededededededededededededededededededededededededededededededededededededededededededededededededededededededededededededededededededededededededededededededededededededededededededededededededededededededededededededededededededededededededededededededededededededededededededededededededededededededededededededededededededededededededededededededededededededededededededededededededededededededededededededededededededededededededededededededededededededededededededededededededededededededededededededededededededededededededededededededededededededededededededededededededededededededededededededededededededededededededededededededededededededededededededededededededededededededededededededededededededededededededededededededededededededededededededededededededededededededededededededededededededededededededededededededededededededededededededededededededededededededededededededededededededededededededededededededededededededededededededededededededededededededededededededededededededededededededededededededededededededededededededededededededededededededededededededededededededededededededededededededededededededededededededededededededededededededededededededededededededededededededededededededededededededededededededededededededededededededededededededededededededededededededededededededededededededededededededededededededededededededededededededededededededededededededededededededededededededededededededededededededededededededededededededededededededededededededededededededededededededededededededededededededededededededededededededededededededededededededededededededededededededededededededededededededededededededededededededededededededededededededededededededededededededededededededededededededededededededededededededededededededededededededededededededededededededededededededededededededededededededededededededededededededededededededededededededededededededededededededededededededededededededededededededededededededededededededededededededededededededededededededededededededededededededededededededededededededededededededededededededededededededededededededededededededededededededededededededededededededededededededededededededededededededededededededededededededededededededededededededededededededededededededededededededededededededededededededededededededededededededededededededededededededededededededededededededededededededededededededededededededededededededededededededededededededededededededededededededededededededededededededededededededededededededededededededededededededededededededededededededededededededededededededededededededededededededededededededededededededededededededededededededededededededededededededededededededededededededededededededededededededededededededededededededededededededededededededededededededededededededededededededededededededededededededededededededededededededededededededededededededededededededededededededededededededededededededededededededededededededededededededededededededededededededededededededededededededededededededededededededededededededededededededededededededededededededededededededededededededededededededededededededededededededededededededededededededededededededededededededededededededededededededededededededededededededededededededededededededededededededededededededededededededededededededededededededededededededededededededededededededededededededededñtñtñtñtñtñtñtñtñtñtñtñtñtñtñtñtñtñtñtñtñuñuñu

>> closed captioning brought to you by mancini sleepworld. 20 separate fires are burning across michigan. apparently started in a garage spreading quickly to nearly homes, and the fire department

is strap forward cash and stretched to its limits under staffed fire teams are exhausted. rushing from fire to fire. but... there have been no reports of death or injuries and another house going up in flames today in a wildfire burning since yesterday near boulder colorado. dozens of homes like this destroyed. 3500 people forced to run from a tinder dry canyon. colorado's governor declare aid state of emergency today. it's a 7,000 acre fire burning uncontained and firefighters did get a break today when the winds subsided. this fire started when a car hit a propane tank. >> stan fran's millennium tower is responding to criticism over handling of yesterday's climbing stunt by spider dan. and operate years said it has no afillation with dan goodwin. the 54-year-old man using suction cups to climb the tower walls.

it said teams spotted him almost immediately and san francisco police and fire responded within moments. the fire department dispatched 20 firefighters and sfpd will not give specifics it did say it sent officers to the scene as well. and a new set of complaints about smart meters pg&e has been installing a cording to media partners the signal used to transmit your utility usage can interfere with wireless appliances in the home. baby monitors cordless phones patio speakers just to name a few. pg&e admitted in a report last year it had found a limited number of cases of interference. the mercury news reports it's received dozens of complaints. >> there tomorrow metropolitan transportation commission is going to vote on a plan from a proposed connector from bart to oakland international

airport. the group transform rallied against the plan. skm this group says it's a waste of faichler money. >> we're talking about $500 million for a little three-mile cable car taking you to a parking lot. to help pay for it bart's going going toeg into debt. >> it claims it would cost taxpayers $102 per new rider for 35 years. it believes improving the existing connector could be a faster ochlgs bart says numbers are unsubstantiated. >> and do you ever notice how noisy it on bart? san francisco chronicle found the noise heest is between west oakland and embarcadero. the question is, is it hazardous to your hearing?

>> that is what it sounded like this morning in the tube. the kron kol reports a reading of 100 decemberin yils. you skrnt a conversation at this noise level. and this lasted perhaps a minute not long enough to cause hearing loss. >> this is going on hours and hours. >> johnson says the high pitched screech is caused by steel on steel. and bart ridesers talking about our jack hammer compare sochblt. >> this is hard to hold a conversation that. is extreme. >> i live across the straight

from the bart station. and i find it's not so bad living next to it. when in it it's actually worse. i'd be happy that there would be improvement in sound quality. >> these rail grinders smooth out noise-causing ripples. you might find it irritating but it's better than just about anywhere else in the nation. >> this is all because of that. >> and for short rides they make the trip hazard free. also pointing out the tube may be the worst with decemberinnel there's is decemberen yils 70s and 80s in other parts of the system. a possible remedy is ear plugs. in oakland abc 7 news. >> and and talking about noise a tough new noise ordinance goes into affect tomorrow banning sound of more than 55 decemberinnels prohibiting use

of leaf blowers which can be much louder. we're told sebastapol police have been equipped to respond with complaints. >> here is a man we want to hear. >> yes. we'll not drown out his noise. >> there is a big big cool down. and temperatures dropped off in places. there is a live view from south beach camera looking south ward. there is patchy clouds and nice breaks of clouds with blue skies there. let's take a look at the current readings under pleasant conditions now. there is 72 in fairfield there. is warmth inland and fl tl is cool around the bay. san francisco is at 59 degrees. and there is a change that is rather noticeable. and there is 25 degrees cooler

at this hour. and everyone around the bay area is experiencing a drop off in temperatures. and unseasonally cool weather prevails tomorrow and will be warmer towards the end of the week before we get moderation in temperatures. satellite shows a storm system dropping down from the pacific northwest accompanied by a pool of very cool fall like air. and there is fall like conditions defining this system. let's set maps in motion. you'll see rain developing showers to our north. there is a system dropping south we'll get drizzle not only near the coast but in other locations but mainly near the coast. looks like showers stay mainly north. and there is into tomorrow showers developing into central sierra near yosemite and later we'll see snow in elevations of 8,000 feet and higher, it's not a summer like weather system.

and there is drizzle near the coast. there is a good chance of drizzle. low temperatures into low to mid-50s tonight. then tomorrow taking a look at high temperatures starting into south bay. much cool yefr than after rej tomorrow highs into mid too upper 60s. 69 in campbell. we'll see highs 66 in san mateo. mid-50s, mid to upper 50s on the coast with drizzle z 57 degrees will be the high in sunset district. 61 degrees downtown. north bay highs ranging from 50s near the coast to 60s in locations up through about oh southern sonoma county. then low to mid 07s farther north. we'll see highs into mid 7 60s just a narrow range there over hills we'll see upper 60s to low 70s. and there is 60s near the bay.

here is the accu-weather forecast. inland highs warming up up to mid-70s. and there is low to mid-70s around the bay. and that is a rather extended sustained period of mild weather with little change. >> thank you. >> and coming up next energy rebates you can get from california's cash for appliances program. >> michael finney looking into why it's been hard to give money away.

man: we need a sofa. something i can stretch out on! woman: ooh... that will go with those lamps my mother gave us. or we could get some new lamps. or we could get no sofa. negotiating, eh? you got it! how about a nice home for our tv? how about doors to hide that drive-in theater? how about a cowhide rug? yee-haw! and the snacks? get their own place. let the marathon begin!

california cash for appliances program debutted five months ago. officials are still trying to straighten out problem autos michael finney is here tonight with answers. >> and they said it offers rebates of $50 to a thousand dollars for a purchase of energy efficient appliances. number of questions we've received as these guys just told you increased and so has apparent frustration among consumers. ma tricia bought a cashing -- washing machine and looked forward to getting her $100 rebate. >> i'm happy. >> mcmahan sent in the form.

the post office sent it back marking it return to jernd unable to forward. >> and i thought doi have the right address? wrong po box? i double checked it. everything was right. >> patricia couldn't get an explanation. she called 7 on your side. we talk to the california energy commission. it runs a rebate program and received dozens of similar complaints. >> so we're working with the post office to make sure consumers can send in applications as quickly as possible. >> the post office is admitting fault. via e mail told us the local post office is working with usps to determine issue and correct it. however... not all returned aplixs can be blamed on the post office. some returned for inshove fishent postage. >> there are five pieces of april politics neat needed for this plan. and consumers making sure

there is adequate postage. >> and donna heart wrote us. she's been unable to contact california cash for appliance business phone or e mail. many callers are getting a busy signal. >> the energy commission acknowledged issues and we've done improvements so consumers can get through. we've add additional staff. >> there is a is a special e mail address z john from danville says his rebate was denied and refrigerator on at proved list. >> we have received over 100,000 applications and acknowledged there is errors in the program. >> john confirms he's receive aid check and half of the $32 million has been given out but that leaves $14 kblinl still

available on a first come first serve basis. there is a link to other questions and answers about the program and there is a lot of money to be had. >> thought would it be gone by now. >> still coming up tonight at 6:30 a new spin on charge thadz senate candidate karly fiorina sold technology to iran and her effort to court the california jewish vote. a warning about what can happen if a florida pastor goes through with plans to burn the koran on september 11th. >> and heat governor schwartzeneggar is taking you inhale, they inhale. millions of children continue to be exposed to secondhand smoke.

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the race for one of california's coveted u.s. senate seats is this close. listen to this. a poll released though shows former hp executive karly fiorina one point ahead of barbara boxer a dead heat. and this on the same day fiorina returned from a trip from israel only to face criticism. >> there what we do have are demands in a n.los angeles that she apologized to israel.

>> abc's political analyst says she can capitalize on the vote. >> for people that are passionate obama administration hasn't been looked up to expectations. >> so in an attempt to counter a trip a smaup group demanded she apologize. >> not just come clean on this. >> and the company through an outside director sold printers to iran. >> and this is people spending to wipe israel off the face of the planet. >> fiorina has been tacked from the left and right. last may this, is chuck duvore. >> she exported hundreds of millions of dollars to the

islamic republic of iran. >> and her response that employees of hewlett-packard followed the law this, is her response in april. >> hp always followed the law. these are that particular charge is not only baseless it came ift democratic play book during the presidential election. >> it came from a matter of inquiry from ef securities and exchange commission. she's correct that hp was never charged with wrong doing. the law swun thing politics is another. >> so i just thank them for raising this issue. >> do you think it would will resonate with voters? >> if any voter cares about our security at home i think this will make a difference too. >> and abc 7's bruce cane doesn't think so. he thinks it

could matter in a tv attack ad. >> for a small number of voters voting a person rather than issues this is something put in the right kind of ad could make a difference. >> this appears a swing of a small number of voters could be decisive. the race is that close, if it shows up we'll fact check it. >> thank you. >> and in governor's race republican meg whitman received and during primary poizner accused whitman of being a republican in name ochbl well today without retracting that comment poizner issued a statement through offices saying he's backing the entire g.o.p. ticket in november because it's quote our best hope to fix governmental system that's are in need of a major overhaul. >> a new abc news poll shows most americans now disapprove of president obama's job performance. 52% of the thousand likely

veters surveyed don't like wait the sprez doing his job. and 33% say his programs made the economy worse. >> what we're seeing is a revolt against the status quo. 92% of mesh americans say economy is in bad shape. only a quarter think it's getting better. and this is really starting to turn around and now bite the party in power quite hard. >> voters now favor the republican candidate over the democrat in their congressional districts by a margin of 53% to 40%. the widest margin on record. >> there is interfaith groups reacting to a florida pastor's plan to burn a stack of korans. it's a protest that has been concerned around the globe. >> there is signs for a

planned coran building spurred a protest. now, general david petraeus in afghanistan has asked a gainsville church not to do it we're concerned about implications of a possible koran-burning in the u.s it puts our soldiers in jep ti. we've seen a demonstration here in kabul. just at the rumor that could take place. >> bay area peace active vif and muslim is organizing a rally focusing on positive relationship as cross religious groups. >> people are very upset about that because know this is our holy book. >> she calls the burning of anyone's holy book disgusting. >> it has no reflection and bearing ominous limbs just tells what you is going on in america today some of the people who have gone crazy. >> this pastor planning and

advertiseing isery jones leading the dove world outreach center saying it's a response to the planned community is he center and mosque two blocks from ground zero. >> if we don't do it when do we stop backing down? when do we stop giving in to islam. >> he's appealing to all americans to speak out against the book burning. >> whether mus yims black blue yellow we're all americans and we need to stand together. against ignorance and hate and division. >> they're planning a press conference for tomorrow. abc 7 news. >> so there is a press conference tomorrow there, is a rally friday z there is interfaith service held at 5:00 p.m. at plaza at county building. >> when we come back tonight tiny patients left out of the race for a new medical technology. >> doctors at stanford doing something about it. stay with us.

more s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s

s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s

s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s s bay area doctors and engineering are teeming up and working on tools catering to pediatric surgery because medical device industry doesn't always make investments needed to make those tools to operate on children. dr. stada is a pediatric

surgeon in children's hospital. pablo garcia is an accomplished engineer at sri international. together, the two men share one goal develop desperately needed instruments to use on the tiniest of paish yechblts it's a niche market widely ignored by big companies. >> we're a nonprofit. we have a luxury of being able to conten trait on problem that's are important. not necessarily problem was a big financial return. >> he says surgeons often improvize on working on infants, modifying tools designed to work on adults or be forced to pefsh form more invasive surgery. take a condition that is a rare but severe problem in which the swallowing tube is abnormally attached to the airway. the fix can be traumatic. >> when you make a big incision like that it can cause problems with chest wall

deform ti later in life z with the growth of the child leading to problems. >> there is a patented product allowing the doctor skbror colleagues around the world to reach the point of surgery through the mouth. this 5-year-old could be a candidate for use of the product. and is still facing chal yerngs from original surgeries. >> he has some issues with regard to chewing and eating because that is still there. >> garcia is working on scaling down the design this is not the only product in the pipeline. sri on cutting edge of robotics surgery now ready to explore largery unchartered territory of pediatric devices. >> that requires careful design and often new approaches.

and many techniques. it's about making a product that is effective and safe. >> this federal government pledge aid million dollars thop the team commercialize tools, surgeons committed to saving lives hope this attracts more supporters. >> this may have society that's would like to see certain procedure as dressed with devices. >> this teamwork could change the lives of young patients. at stanford abc 7 news. >> and coming up next a young man made quite a first impression. >> he a.mazing college football debut of cal wide receiver and why that wasn't a

panish ] ♪ ♪ [ male announcer ] old el paso stand 'n stuff taco shells. old el paso. feed your fiesta. did you know go-gurt is specially made to freeze and thaw by lunch time? so kids can have their favorite yogurt in their lunch box go-gurt. freeze it. thaw it. eat it up. the most powerful half-ton crew in america has a powertrain backed for 100,000 miles. chevy silverado half-ton a consumers digest best buy and the most dependable, longest-lasting full-size pickups on the road. now get 0% apr for 72 months on 2010 silverado half-ton models with an average finance savings around $5,800.

i know. i know i need to quit this. - well, how about... - that smokers' helpline? yeah, they can give me a plan. - help me through the rough spots. - so you're ready to... quit? everyone wants me to quit-- my doctor, my wife the dog. - not good for the dog. - anyone else? hmm? what? anyone else want you to quit? me! i want me to quit. tdd# 800-933-4833 - ( rings ) - woman: smokers' helpline. oh, hi, it's me. some people in sacramento and yobd beyond are not happy with the governor's up coming

trade mission, he's leaving for asia though the state is running out of money and with b.to issue ious once again. the state is now more than two month nootz faceal year and an agreement is not insight. the governor is still leaving thursday for a six-day trade mission to asia to promote trade and california goods and points out he can come home early necessary. >> this is all about create be jobs and jobs, jobs. stimulating the economy z just because legislature failed to put their work it doesn't mean my office the governor's office should fail to do my qork. >> the leaders of both houses met with the governor today behind closed doors and they repeated they're making progress. they don't believe the absence will hinder negotiations at all. >> we live in modern times. we can engage in important conversation autos because in money can be appropriated many state services are on hold. critics say the governor should be here to make sure

that lawmakers come to an agreement. alisa is upset like thousands of students she needs a state budget approved as soon as possible so school can release her cal grants. >> i was counting on that money. i need it for gas tuition and book autos i'm one of the ones on edge. >> michael lynn has two kids kicked out of day care once the state stopped paying. she's disappointed the governor is leaving with a state budget still in limbo. >> my mother who has been help meeg tremendously with my children is leaving the country. i'm getting ready to lose the one person helping me through this, if he doesn't get a budget soon i'm going to lose my job. i just live here i looked up to you to take care of us. you're letting california down. >> supporters of the trade mission point out that california exports millions

worth of goods to the three countries the governor is visiting. >> and there you saw the governor munching on eggs. safety of california eggs is on his agenda today. and he was in a grocery store this afternoon to reassure consumers that eggs are safe again after last month's crisis. and stressing that california eggs are not part of the recall. and sometimes raw. >> speaking of a good egg here is larry beil. >> high in protein. >> and loaded with cholesterol. >> can't go raw that. is nasty. >> that is out of the rocky movie. >> in case you missed one of the best labor yus imaginable. get used to hearing the name keenan allen. he's go tok an instant star.

>> there is a sprint. keenan allen. >> keenan allen had quite a college debut. forecasters for 120 yards and a touchdown. and and i was really excited. the administration came around and said i've done a lot and did pretty good. >> he and his teammates were not surprised. >> everybody says they saw it. you can tell how sit with the ball. you knew he's going to do something special which he did. and this is good for fan ootz bears were playing uc davis. and there is a opponents honest. >> we have a something opened up for a run game. opens everything up. >> he knows big plays and play

books. >> any time there is a true freshman after just one camp it's you need to make a mental mistake. >> cal hofts a team in colorado on saturday now they have game tape they may be a bit tougher on this true freshman. >> and stanford opened with a win over sacramento state. 52-17. doug baldwin halled in four passes. the bulk on this play an 81 yard bomb. he was hampered by injuries and is just thrilled to be back on the field and making play autos this helps build my confidence. my mental state was kind of o i hadn't been to the came. and this is being able to get hit by a different jersey is born to me. >> stanford is at ucla.

ucs on probation returning their copy of the highsman trophy now reggie bush may be forced to give up his hardware yahoo sports reported the trust is completing it's investigation and planning to strip bush of the award and leave the honor vacant for 2005. however members of the front say no decision has been made and none is imminent if bush is stripped he becomes the first player in 75 year history of the award to have it taken away. and ryder cup captain did choose tiger woods to compete in wales, he said taking woods is still ranked number one in the world was an easy choice because he's been playing better lately. last american male left in u.s. open is out. number 20 seed is two sets a piece. the man upsetting andy murray

is match point tlchl is the winner 6-4 and he's on for quarter finals. there is giants playing arizona tonight. >> excellent. had he not chosen tiger that would have been huge. >> let's take a look at weather. >> yes. spencer? >> yes. the clouds and fog back alock with cooler air and there is a throughout the day, you can see fog and high clouds passing overhead to the north associated with showers. speaking of showers take a look at the remnants of what was tropical storm hermine passing over san antonio today. it's now been down graded to a tropical depression. it's producing heavy rainfall. and there is indicating the storm will have dumped up to eight inches of rain in parts of texas like houston, near austin. so this is a huge rain maker.

here is our accu-weather forecast. cool weather again tomorrow. much cooler than average. inland lows into 70s tomorrow morning we'll start to warm up thursday, from tli fri through tuesday, there is moderate temperatures, inland highs into low 80s. >> thank you. >> okay. >> coming up next a bay area school that is the first of its kind in california you only have to be there 20% of the time. stay with us. e-mail so you can be hooked up to everything you need to do. now it does 1 ghz speed on a more intuitive keyboard. turning you into an instrument of efficiency.

introducing the new droid 2 by motorola. part of the next generation of does.

hope you can join me on cable channel 0. state goes after a major health insurer then at 11:00 what dance moves like this say about a person's overall health. see you tonight at 9:00 and 11:00. >> and class is in section in a new san francisco charter high school. that is the first of its kind in california called flex academy. it's the first hybrid of education. there is students receiving 20% in traditional classes. teachers offer assistance like any other school classes run

from 8:00 until 3:00. >> there is a difference in what is knew is that students can go at their own pace and teachers help when they need it no. more sitting in a class being being bored. >> nearly 50 students are enrolled this year and there is classes starting today academy will move on pope street. >> what an innovative idea. >> we'll have to foul fol up on that. >> and that is this edition of abc 7 news. >> stay connected and for larry beil and all of us thanks for watching. see you again at 9:00 and 11:00. ♪ ♪

k always gets us there... ... sometimes it just takes us a little longer to get back. ♪

this is the... introducing today's semi-finalists-- as shane donovan on "days of our lives," he won three "soap opera digest" awards and later costarred on "the nann" recently, he appeared on amc's hit series "mad men." please welcome. (speaks inaudibly) his fashion designs are a favorite among celebrities on the red carpet. in december 2009, he launched his own lifestyle collection on the qvc network. please welcome designer...